Sir, I have submitted my Micromax YU5551 mobile handset (IMEI No. [deleted]/[deleted]) for repair under warranty on [deleted] to Shivi Infotech, The Micromax Authorised Service Centre at Bareilly (UP), Thereafter I am continue contacting with Micromax Care Helpline on [deleted], and with Shivi Infotech (Service Centre Office) on [deleted] with owner Mr. Johari on [deleted] and With Mr. Narendra Pal TSM, Micromax Helpline on [deleted] but neither Micromax Care Helpline nor TSM Micromax or Service Centre providing me the actual status of repair my mobile handset and expected time of return delivery. I am suffering from Indescribable frustrating experience with Micromax Service as After 40 days Micromax Only have a single update that my handset is under repair on high level and all above concerned are replying in same manner that they can not commit about expected time of return after repair, sometime they say that my mobile is being replace with other handset, sometime they say that we are temporarily giving you a handset until your replaced handset not got delivered, After 40 days of submitting my handset nobody from Micromax is in condition to say that what is issue/expected time of return delivery, I am not able to understand that Micromax is repairing my handset or there is any ongoing research on my mobile handset. It is also submitted that there is no record of my concern on Service Provider's website to check the present status. Therefore I request your honour that please take some legal action against the company since 01- I am very frustrated Physically and Mentally to continue walk over around service centre since last 40 days so that cost of the same is being claimed. 02- Warranty of my handset is also going to expire continuously wherein I am not using the handset so that the unnecessary delay period should be extended as warranty. 03- I am unable to use my mobile since 40 days and suffering from great trouble to contact with my relative, office staff and others so that cost of the same is being claimed. 04- My repaired mobile handset or replaced handset should be deliver on priority please guide me what legal action I should take against the company and please send me the order of any relevant document on my WhatsApp [deleted]
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Serve a legal notice to the service centre and the Micro max for the deficiency in services and asking them to change the hand set along with the compensation for delay and harassment due to deficiency of the service.
If on legal notice within a week they donot give you new handset along with the compensation for all the mental and physical problems then file a consumer complaint before the district consumer forum claiming compensation ,new handset and the litigation cost,
File consumer complaint for extension of warranty, compensation for mental, physical and monetary loss due to delay in repair and repair of mobile
you may move on to file a petition in the consumer court. You may file a complaint by yourself or appoint a legal representative for the same. The complaint has to be drafted and filed with the forum that has proper jurisdiction .
1) You should make complaint in consumer forum regarding this and mention all details in it.
Hello,
File a case in the consumer forum and claim the compensation.
Regards
1. This is a clear case of deficiency of service and unfair trade practice. So you can redress your grievance in consumer forum wherein you will be awarded with the replacement of handset along with enough damages and compensation.
2. If at the time of defect detected the warranty was there the your remedy lies even if subsequently this expires.
3. You have a good case and hence without delay file the case in consume forum.
File complaint against authorised service centre and manufacturer for deficiency in service
Seek orders to direct manufacturer to replace hand set
Also seek litigation costs and compensation for mental torture undergone by you
Send them a legal notice immediately in the present matter.
If they fail to do the needful despite the legal notice, file a case against them in the consumer court.
Hi
File a complaint with the consumer forum for your grievances.
Thank You
Dear Client, as my opinion at first you may give a legal notice to them. Where you have to mention everything. If no response given by the company, after thirty days from the receipt of the notice you can file a consumer case before the District Forum.
Immediately file an application before the Consumer Court for deficiency in service.
1. Legal notice shall be sent by you at the earliest.
2. Send them a legal notice if they do not reply then file a case in the district consumer forum against micromax and claim compensation for mental harassment also.
Regards
1. Serve a lawyer's notice to the company and authorised dealer to repair the handset and compensate you for the mental agony suffered by you due to deficiency in service. If they do not meet your demand then file a complaint case in consumer forum to seek delivery of your handset and compensation.
2. It is deficiency in service, hence actionable through a complaint case before District Consumer Forum under Section 12 of Consumer Protection Act/
If you have sent a legal notice and did not get any favorable reply nor the problem has been solved, then you may approach consumer forum with your grievances seeking redressal of the same with compensation for the deficiency on service and the mental agony you suffered due to this.
I can understand your problem. I have come across many cases. Please understand that there are already many court cases pending against Micromax Company in Gurgaon and Delhi. Many people have claimed compensation for the mental and physical agony they faced and have got compensation for upto 1 lakh.
I would not suggest you to file a court case for this but you can immediately report the matter to the local police in Bareilly, Uttar Pradesh. I am sure police will help you.
Going to Consumer Court will not be an appropriate remedy in this regard.
If you need any help you can contact my assistant to book a consultation. I will help you.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
